[HISTORY: Adopted by the Town Meeting of the Town of Wrentham
as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-4-2019 STM
by Art. 19 (Art. 6.80 of the 2013 Bylaws)]
A.
Increased volumes and contamination of stormwater lead to impaired
water quality and flow in lakes, streams, rivers, wetlands, and groundwater;
contamination of drinking water supplies; alteration or destruction
of wildlife habitat; and flooding. The purpose of this bylaw is to
safeguard the environment and the health and general welfare of the
citizens of the Town of Wrentham through the regulation of illicit
connections and illicit discharges to the municipal separate storm
sewer system (MS4).
B.
The objectives
of this bylaw are:
(1)
To establish legal authority to carry out all inspection, surveillance
and monitoring procedures necessary to ensure compliance with this
bylaw;
(2)
To comply with state and federal statutes and regulations related
to stormwater discharges;
(3)
To prevent pollutants from entering the MS4 by stormwater discharges;
(4)
To prohibit illicit connections and discharges to the MS4; and
(5)
To require the removal of such illicit connections.
For the purposes of this bylaw, the following terms shall have
the meanings indicated:
Schedules of activities, prohibitions of practices, general
good housekeeping practices, pollution prevention and educational
practices, maintenance procedures, and other management practices
to prevent or reduce the discharge of pollutants directly or indirectly
to stormwater, receiving waters, or stormwater conveyance systems.
BMPs also include treatment practices, operating procedures, and practices
to control site runoff, spillage or leaks, sludge or water disposal,
or drainage from raw materials storage.
The Federal Water Pollution Control Act (33 U.S.C. § 1251
et seq.), and any subsequent amendments thereto.
Activities subject to NPDES construction permits that result
in a land disturbance of greater than or equal to one acre. This shall
also include disturbances less than one acre if that disturbance is
part of a larger common plan of development or sale that would disturb
one or more acres. This would include any land disturbance resulting
from, but not limited to, clearing and grubbing, grading, excavating,
and demolition.
Any material, including any substance, waste, or combination
thereof, which, because of its quantity, concentration, or physical,
chemical, or infectious characteristics, may cause, or significantly
contribute to, a substantial present or potential hazard to human
health, safety, property, or the environment when improperly treated,
stored, transported, disposed of, or otherwise managed.
Any direct or indirect nonstormwater discharge to the MS4, except as exempted in § 350-7 of this bylaw.
A surface or subsurface drain or conveyance which allows
an illicit discharge into the MS4, including, but not limited to,
sewage, process wastewater or wash water, and any connections from
indoor drains, sinks, or toilets, regardless of whether said connection
was previously allowed, permitted, or approved before the effective
date of this bylaw.
Activities and facilities subject to NPDES industrial permits
as defined in 40 CFR 122.26(b)(14).
Municipal separate storm sewer systems; also known as the
"municipal storm drain system."
A permit issued by U.S. Environmental Protection Agency or
jointly with the State of Massachusetts under authority delegated
pursuant to 33 U.S.C. § 1342(b) that authorizes the discharge
of pollutants to waters of the United States.
Any discharge to the MS4 that is not composed entirely of
stormwater.
Any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either
the owner or as the owner's agent.
Anything which causes or contributes to pollution. Pollutants
may include, but are not limited to:
Paints, varnishes, and solvents;
Oil, gasoline, and other automotive fluids;
Nonhazardous liquid and solid wastes and yard wastes;
Refuse, rubbish, garbage, litter, or other discarded or abandoned
objects, bylaws, and accumulations;
Floatables;
Pesticides, herbicides, and fertilizers;
Hazardous substances and wastes;
Sewage, fecal coliform and pathogens;
Dissolved and particulate metals;
Animal wastes;
Wastes and residues that result from constructing a building
or structure;
Noxious or offensive matter of any kind.
Any building, lot, parcel of land, or portion of land, whether
improved or unimproved, including adjacent sidewalks and parking strips.
Water that comes into direct contact with or results from
the production or use of any material, intermediate product, finished
product, or waste product in manufacturing or processing.
Publicly owned facilities by which stormwater is collected
and/or conveyed, including, but not limited to, any roads with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains,
pumping facilities, retention and detention basins, natural and human-made
or altered drainage channels, reservoirs, and other drainage structures.
Any surface flow, runoff, and drainage consisting entirely
of water from any form of natural precipitation, and resulting from
such precipitation.
A document which describes the best management practices
and activities to be implemented by a person or business to identify
sources of pollution or contamination at a site and the actions to
eliminate or reduce pollutant discharges to stormwater, stormwater
conveyance systems, and/or receiving waters to the maximum extent
practicable.
Any water or other liquid, other than uncontaminated stormwater,
discharged from a facility.
A man-made or natural channel through which water flows,
such as a river, brook, or underground stream.
All waters within the jurisdiction of the commonwealth, including,
without limitation, rivers, streams, lakes, ponds, springs, impoundments,
estuaries, wetlands, coastal rivers, and groundwater.
This bylaw shall apply to all water entering the municipal storm
drainage system generated on any developed and undeveloped lands unless
explicitly exempted by the Department of Public Works and/or the Conservation
Commission. The provisions in this bylaw shall take precedence over
any conflicting provisions from previous bylaws.
This bylaw is adopted under the authority granted by the Home
Rule Amendment of the Massachusetts Constitution and the Home Rule
Procedures Act and pursuant to the regulations set forth in the federal
Clean Water Act found at 40 CFR 122.34.
The Department of Public Works and the Conservation Commission
shall jointly administer, implement, and enforce the provisions of
this bylaw. The Superintendent of Public Works and the Conservation
Agent may delegate, in writing, any powers granted or duties of the
Department of Public Works and the Conservation Commission to its
employees or agents.
A.
Prohibition of illegal discharges. No person shall discharge or cause
to be discharged into the MS4 or watercourses any materials, including,
but not limited to, pollutants or waters containing any pollutants
set forth in this bylaw.
B.
Prohibition of illicit connections. No person shall construct, maintain,
use, or allow the continued existence of illicit connections to the
MS4, regardless of whether the illicit connection was permissible
under law, regulation, or custom at the time of connection.
C.
Obstruction of MS4. No person shall obstruct or interfere with the
normal flow of stormwater into or out of the MS4 without prior written
approval from the Department of Public Works and the Conservation
Commission.
The following discharges are exempt from discharge prohibitions
established by this bylaw, unless the discharge is determined by the
Town or the United States Environmental Protection Agency (USEPA)
to be a significant contributor of a pollutant to the MS4, in which
case the following discharges may be subject to the terms of this
bylaw:
A.
Water line and hydrant flushing;
B.
Flow from potable water sources;
C.
Flow from landscape irrigation or lawn watering;
D.
Wastewater from noncommercial washing of vehicles;
E.
Flow resulting from fire-fighting activities;
F.
Dechlorinated water from swimming pools (if dechlorinated to less
than one part per million chlorine);
G.
Uncontaminated water originating from residential pumping, including
air-conditioning condensation and water from exterior fountain or
footing drains (not including active groundwater dewatering systems);
H.
Diverted stream flows, rising groundwater, groundwater infiltration
to storm drains, springs, or natural flow from riparian habitats or
wetlands;
I.
Dye testing, given a verbal notification to the Department of Public
Works and/or the Conservation Commission prior to the time of testing;
J.
Discharges specified in writing by the Department of Public Works
and/or the Conservation Commission as being necessary to protect public
health and safety; and
K.
Any nonstormwater discharge that is permitted under an NPDES permit,
waiver, or waste discharge order issued to the discharger and administered
under the authority of the U.S. Environmental Protection Agency, provided
that the discharger is in full compliance with all requirements of
the permit, waiver, or order and other applicable laws and regulations,
and provided that written approval has been granted for any discharge
to the MS4.
A.
Suspension due to illicit discharges in emergency situations. The
Department of Public Works and/or the Conservation Commission may,
without prior notice, suspend MS4 discharge access to a person if
it is necessary to stop an actual or threatened discharge which presents
or may present imminent and substantial danger to the environment,
or to the health or welfare of persons, or to the MS4 or waters of
the commonwealth. If the violator fails to comply with a suspension
order issued in an emergency, the Department of Public Works and/or
the Conservation Commission may take such steps as deemed necessary
to prevent or minimize damage to the MS4 or waters of the commonwealth
or to minimize danger to persons.
B.
Suspension due to the detection of illicit discharge. Any person
discharging to the MS4 in violation of this bylaw may have their MS4
access terminated if such termination would abate or reduce an illicit
discharge. The Department of Public Works and/or the Conservation
Commission will notify a violator of the proposed termination of its
MS4 access. The violator may petition the Department of Public Works
and the Conservation Commission for a reconsideration and hearing.
Any person subject to an industrial or construction activity
NPDES stormwater discharge permit shall comply with all provisions
of such permit. Proof of compliance with said permit may be required
in a form acceptable to the Department of Public Works and the Conservation
Commission prior to the allowing of discharges to the MS4.
A.
Applicability. This section applies to all facilities that have stormwater
discharges associated with industrial activity or construction activity.
B.
Access to facilities.
(1)
To the extent permitted by state law, or if authorized by the owner
or the other party in control of the property, the Department of Public
Works and/or the Conservation Commission, its agents, or officers,
and employees may enter and inspect facilities subject to regulation
under this bylaw as often as may be necessary to determine compliance
with this bylaw. If a discharger has security measures in place which
require proper identification and clearance before entry into its
premises, the discharger shall make the necessary arrangements to
allow access to representatives of the Department of Public Works
and the Conservation Commission.
(2)
Facility operators shall allow the Department of Public Works and
the Conservation Commission ready access to all parts of the premises
for the purposes of inspection, sampling, examination and copying
of records that must be kept under the conditions of an NPDES permit
to discharge stormwater, and the performance of any additional duties
as defined by state and federal law.
(3)
The Department of Public Works and/or the Conservation Commission
shall have the right to set up on any permitted facility such devices
as are necessary, in the opinion of the Department of Public Works
and/or the Conservation Commission, to conduct monitoring and/or sampling
of the facility's stormwater discharge.
(4)
The Department of Public Works and the Conservation Commission have
the right to require the discharger to install monitoring equipment
as necessary. The facility's sampling and monitoring equipment shall
be maintained at all times in a safe and proper operating condition
by the discharger at its own expense. All devices used to measure
stormwater flow and quality shall be calibrated to ensure their accuracy.
(5)
Any temporary or permanent obstruction to safe and easy access to
the facility to be inspected and/or sampled shall be promptly removed
by the operator at the written or oral request of the Department of
Public Works and/or the Conservation Commission and shall not be replaced.
The costs of clearing such access shall be borne by the operator.
(6)
Unreasonable delays in allowing the Department of Public Works and/or
the Conservation Commission access to a permitted facility is a violation
of a stormwater discharge permit and of this bylaw. A person who is
the operator of a facility with a NPDES permit to discharge stormwater
associated with industrial activity commits an offense if the person
denies the Department of Public Works and/or the Conservation Commission
reasonable access to the permitted facility for the purpose of conducting
any activity authorized or required by this bylaw.
(7)
If the Department of Public Works and/or the Conservation Commission
have been refused access to any part of the premises from which stormwater
is discharged, and he/she is able to demonstrate probable cause to
believe that there may be a violation of this bylaw, or that there
is a need to inspect and/or sample as part of a routine inspection
and sampling program designed to verify compliance with this bylaw
or any order issued hereunder, or to protect the overall public health,
safety, and welfare of the community, then the Department of Public
Works and/or the Conservation Commission may seek issuance of a search
warrant from any court of competent jurisdiction.
The Conservation Commission will adopt requirements identifying
best management practices for any activity, operation, or facility
which may cause or contribute to pollution or contamination of stormwater,
the MS4, or waters of the commonwealth. The owner or operator of a
commercial or industrial establishment shall provide, at their own
expense, reasonable protection from accidental discharge of prohibited
materials or other wastes into the MS4 or watercourses through the
use of these structural and nonstructural BMPs. Further, any person
responsible for a property or premises, which is, or may be, the source
of an illicit discharge, may be required to implement, at said person's
expense, additional structural and nonstructural BMPs to prevent the
further discharge of pollutants to the municipal separate storm sewer
system. Compliance with all terms and conditions of a valid NPDES
permit authorizing the discharge of stormwater associated with industrial
activity, to the extent practicable, shall be deemed compliance with
the provisions of this section. These BMPs shall be part of a stormwater
pollution prevention plan (SWPP) as necessary for compliance with
requirements of the NPDES permit.
Every person owning property through which a watercourse passes,
or such person's lessee, shall not place trash, debris, yard waste,
vegetation, or other obstacles that would pollute, contaminate, or
significantly retard the flow of water through the watercourse. In
addition, the owner or lessee shall maintain existing privately owned
structures within or adjacent to a watercourse, so that such structures
will not become a hazard to the use, function, or physical integrity
of the watercourse.
Notwithstanding other requirements of local, state, or federal
law, as soon as any person responsible for a facility or operation,
or responsible for emergency response for a facility or operation,
has information of any known or suspected release of materials which
is resulting or may result in illegal discharges or pollutants discharging
into stormwater, the MS4, or waters of the commonwealth, said person
shall take all necessary steps to ensure the discovery, containment,
and cleanup of such release in accordance with this bylaw and any
regulations promulgated pursuant to this bylaw. In the event of release
of hazardous materials from the sanitary sewer, said person shall
immediately notify the Board of Health. In the event of release of
any other hazardous material, said person shall immediately notify
the Fire Department, who shall then notify the Department of Public
Works. In the event of a release of nonhazardous materials, said person
shall notify the Department of Public Works no later than the next
business day. Notification of a release to the Department of Public
Works shall include all pertinent information regarding the release,
including proof of notification to the Massachusetts Department of
Environmental Protection, if such notification was required.
A.
Authorized agent. The Department of Public Works and/or the Conservation
Commission and any authorized agents shall enforce the provisions
of this bylaw, issue and prosecute violation notices and enforcement
orders, and may pursue all criminal and civil remedies for such violations.
B.
Orders.
(1)
Whenever the Department of Public Works and/or the Conservation Commission
finds that a person has violated a prohibition or failed to meet a
requirement of this bylaw, it may order compliance by written notice
of violation to the responsible person. Such notice may require, without
limitation:
(a)
The performance of monitoring, analyses, and reporting;
(b)
The elimination of illicit connections or discharges;
(c)
That violating discharges, practices, or operations shall cease
and desist;
(d)
The abatement or remediation of stormwater pollution or contamination
hazards and the restoration of any affected property;
(e)
Payment of a fine to cover administrative and remediation costs;
and
(f)
The implementation of source control or treatment BMPs.
(2)
If abatement of a violation and/or restoration of affected property
is required, the notice shall set forth a deadline within which such
remediation or restoration must be completed. If elimination of illicit
connections or discharges is required as abatement, such elimination
must be completed within 60 days from the identification of the illicit
connection or discharge. If an extension beyond 60 days is necessary,
the property owner must submit to the Town a written schedule for
expeditious elimination of the illicit discharge 10 days prior to
the sixty-day deadline. The property owner shall provide a monthly
progress report to the Department of Public Works and the Conservation
Commission summarizing the status of the elimination schedule. In
the interim period, the property owner may be required to take reasonable
and prudent measures to minimize the discharge of pollutants to and
from the MS4.
(3)
Should the violator fail to remediate or restore within a time frame
deemed reasonable by the Department of Public Works and/or the Conservation
Commission, the work will be done by a designated governmental agency
or a contractor and the expense thereof shall be charged to the violator.
(4)
Within 30 days after abatement of the violation, the owner of the
property will be notified of the cost of abatement, including administrative
costs. The property owner may file a written protest objecting to
the amount of the assessment within 30 days of receipt of the notification
of costs incurred. If the amount due is not paid within a timely manner,
as determined by the decision of the Department of Public Works and/or
the Conservation Commission or its designated agent, or by the expiration
of the time in which to file an appeal, the charges shall become a
special assessment against the property and shall constitute a lien
on the property for the amount of the assessment. Interest is prescribed
by state law and shall begin to accrue on the unpaid balance beginning
on the 31st day at which the costs first became due.
C.
Appeals. The decisions or orders of the Department of Public Works
and/or the Conservation Commission or its designated agent shall be
final. Further relief shall be to a court of competent jurisdiction.
D.
Entry to perform duties. To the extent permitted by state law, or
if authorized by the owner or the other party in control of the property,
the Department of Public Works and/or the Conservation Commission,
its agents, or officers, and employees may enter upon privately owned
property for the purpose of performing their duties under this bylaw
and may make or cause to be made such examinations, surveys or sampling
as the Department of Public Works and/or the Conservation Commission
deems reasonably necessary. If a violation has not been corrected
pursuant to the requirements set forth in the notice of violation,
or in the event of an appeal, within 14 days after upholding the decision
of the Department of Public Works and/or the Conservation Commission,
then representatives of the Department of Public Works and/or the
Conservation Commission may enter upon the subject's private property
and are authorized to take any and all measures necessary to abate
the violation and/or restore the property. It shall be unlawful for
any person, owner, agent or person in possession of any premises to
refuse to allow the government agency or designated contractor to
enter upon the premises for the purposes set forth above.
[Amended 11-16-2020 STM by Art. 22]
E.
Civil relief. If a person has violated or continues to violate the
provisions of this bylaw, the Department of Public Works and/or the
Conservation Commission may petition for a preliminary or permanent
injunction restraining the person from activities which would create
further violations or compelling the person to perform abatement or
remediation of the violation.
F.
Criminal penalty. Any person that has violated or continues to violate this bylaw shall be fined no more than the maximum allowable penalty under MGL c. 40, § 21. Each day such violation continues shall constitute a separate offense. Refer to Chapter 283, Fees, Fines and Charges, § 283-2.
[Amended 11-16-2020 STM by Art. 22]
G.
Noncriminal disposition. In lieu of enforcement proceedings, penalties,
and remedies authorized by this bylaw, the Department of Public Works
and the Conservation Commission may elect to use the noncriminal disposition
procedure set forth in MGL c. 40, § 21D.
H.
Violations deemed a public nuisance. In addition to the enforcement
processes and penalties provided, any condition caused or permitted
to exist in violation of any of the provisions of this bylaw is a
threat to public health, safety, and welfare, and is declared and
deemed a nuisance, and may be summarily abated or restored at the
violator's expense, and/or a civil action to abate, enjoin, or otherwise
compel the cessation of such nuisance may be taken.
I.
Remedies not exclusive. The remedies listed in this bylaw are not
exclusive of any other remedies available under any applicable federal,
state or local law and it is within the discretion of the Department
of Public Works and the Conservation Commission to seek cumulative
remedies.
The provisions of this bylaw are hereby declared to be severable.
If any provision, clause, sentence, or paragraph of this bylaw or
the application thereof to any person, establishment, or circumstances
shall be held invalid, such invalidity shall not affect the other
provisions or application of this bylaw.
The Board of Selectman, Board of Health, Conservation Commission,
or selected designee may promulgate, after due notice and public hearing,
rules and regulations to effectuate the purposes of this bylaw. Failure
by the Board of Selectman, Board of Health, Conservation Commission,
or selected designee to promulgate such rules and regulations or a
legal declaration of their invalidity by a court of law shall not
act to suspend or invalidate the effect of this bylaw.
